Recent Developments In The Enforcement Of ERISA Class Action Waiver And Arbitration Clauses

In recent months, various federal district and circuit courts have considered the enforceability of language in employer-sponsored retirement and welfare plans requiring that participants arbitrate their claims for breach of fiduciary duty individually—and not through class actions. Recently, I had the opportunity to moderate a panel discussion on this topic with Radha (Rachana) Pathak of Stris & Maher LLP and Todd Wozniak of Holland & Knight LLP. Radha and Todd both have extensive experience litigating class actions on this subject, with Radha primarily representing pension and welfare plan participants and beneficiaries, and Todd primarily defending companies and fiduciaries.

During a one-hour webinar hosted by JAMS, the panel discussed these developments, including cases pending in the Second, Sixth, Ninth and Eleventh circuits. The panel first reviewed the background of the Federal Arbitration Act, including case law enforcing clauses providing for the